Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 138) sur l'âge minimum, 1973 - Mongolie (Ratification: 2002)

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee recalls its previous comments which had noted the National Programme of Action for the Development and Protection of Children for 2002–10 (NPA 2002–10) as well as the Government’s indication that it would soon amend national legislation, including the Labour Code, in order to better address the problem of child labour.

The Committee notes the Government’s reference in its latest report to the 2012–16 National Action Plan which prioritizes, among others, the needs of children, as well as its reference to the 2011–16 National Programme for the Elimination of the Worst Forms of Child Labour. It further notes the Government’s indications that the amendment process concerning child labour has begun in respect of both the Labour Code, as well as the Criminal Code.

While taking due note of the Government’s recent efforts to implement national programmes to combat child labour, the Committee further notes the statistical data provided by the National Statistics Office on child labour in Mongolia from 2011 to 2012, which was cited in the Government’s report, according to which 93,968 (i.e., 15.9 per cent) of the survey respondents were engaged in various forms of economic activity, 10,398 (i.e., 11.1 per cent) of children were engaged in dangerous and hard jobs. The Committee further notes the 30 May 2013 report of the Special Rapporteur on extreme poverty and human rights, in its visit to Mongolia (A/HRC/23/36/Add.2, paragraphs 32–39), which noted the lack of sustainable investment in children’s rights, including lack of funding which prevented the implementation of many of the plans outlined in the NPA 2002–10, and urged the Government to establish the National Committee under the 2011–16 National Programme for the Elimination of the Worst Forms of Child Labour. The Committee therefore urges the Government to intensify its efforts to implement the national programmes and plans, such as the 2012–16 national action plan and by establishing the National Committee under the 2011–16 National Programme for the Elimination of the Worst Forms of Child Labour, to ensure the progressive abolition of child labour, in cooperation with the employers’ and workers’ organizations concerned. Furthermore, the Committee requests the Government to provide updated information concerning the legislative amendment process and to supply a copy of such legislation once it has been finalized.

Article 2(1) of the Convention. Scope of application. Informal economy. The Committee notes that the Government has provided no reply to its previous comment on this point, which had noted that the Labour Code, under section 4, appeared to exclude work performed outside the framework of a labour contract and self-employment from its scope of application. The Committee recalls the Government’s previous indication that it intended to revise the Labour Code to extend its scope of application in 2010. The Committee is therefore bound to once again strongly request the Government to strengthen its efforts to ensure that the protections provided under the Labour Code are extended to children working outside of an employment relationship in the very near future.

Article 2(3). Age of completion of compulsory schooling. In previous comments, the Committee had noted the contradictory provisions in various national laws which regulate the minimum age for admission to employment and the age of completion of education. While the Labour Code specifies 15 years as the minimum age to enter into a labour contract, the Government informed the Committee on the Rights of the Child (CRC) in its report of 9 June 2009, that education is mandatory until the age of 16 (CRC/C/MNG/3-4, paragraph 280). The Committee recalled that the minimum age for admission to employment (15 years) should not be lower than the age of completion of compulsory schooling under Article 2(3) of the Convention. Noting the absence of any reply or explanation on this point, the Committee again requests the Government to take the necessary measures to raise the minimum age for admission to employment in order to link it with the age of completion of compulsory schooling in conformity with Article 2(3) of the Convention. In addition, noting the observations of the Special Rapporteur concerning reports that 19 per cent of children in rural areas drop out of school before completing Year 8 (A/HRC/23/36/Add.2, paragraph 34), the Committee again asks the Government to provide information concerning measures taken on providing educational services to both working and drop-out children, as well as in increasing school attendance rates, in particular in the remote areas.

Article 7(1) and (3). Light work and determination of light work activities. The Committee notes the Government’s report, which indicates that the legislation concerning light work is included in the amended Labour Code regulations under section 90.10, which stipulates that regulations will determine easy jobs, hours and conditions in which minors may be employed. Recalling that, under Article 7(3) of the Convention, the competent authority shall prescribe the number of hours during which, and the conditions in which, light work may be undertaken for persons 13 to 15 years of age, the Committee requests the Government to communicate any regulation adopted pursuant to section 90.10 of the draft regulations in the near future.

Article 8. Artistic performances. The Committee recalls its previous comments which noted that, under section 8.1 of the Law on the Protection of the Rights of the Child, a list of plays and performances which may adversely affect a child’s health will be developed and approved by Governmental officials responsible for health issues. The Committee draws the Government’s attention, in this respect, to Article 8 of the Convention, which allows exceptions to the specified minimum age of admission to employment or work for such purposes as participation in artistic performances only by permits granted by the competent authority in individual cases. The Committee accordingly requests the Government to take the necessary measures in the near future to finalize its legislation establishing a system of individual permits to be granted for children under 15 years who work in activities such as artistic performances, and to limit the hours during which, and prescribe the conditions in which, such employment or work is allowed.

Article 9(1) and (3). Penalties and keeping of registers. In its previous comments, the Committee had noted that the legislation concerning penalties for breach of laws relating to children’s rights were ineffective, as well as the Government’s indication that its national laws needed to be updated in this respect. The Committee had also noted that the national legislation does not appear to contain provisions on the obligation of an employer to keep and make available the registers of persons under the age of 18 whom he/she employs.

The Committee notes the Government’s indication in its latest report that a draft of the revised version of the Criminal Code, which includes a criminal offence provision for persons employing children in the worst forms of labour, has been submitted to the Parliament. It further notes that, under section 90.9 of the draft regulations to the Labour Law, an employer must keep record of “minor employees”. The Committee requests the Government to keep it informed of the measures taken to revise its national legislation in order to impose sufficiently dissuasive penalties to ensure the effective enforcement of the Convention. It further requests the Government to provide information concerning the registers contemplated under section 90.9 of the draft regulations, including its application, as specified under Article 9 of the Convention, to all children under the age of 18 years, details concerning the content of the registers and how it will be ensured that such registers are kept and made available by the employer.